Cannon v. Design
- Rearden
- 1:24-cv-07662
- U.S. District Court · Southern District of New York
- 4
Counsel of record per CourtListener. Firm names are approximate.
In Bill Cannon v. Historical Design, Inc., Judge Rearden adopted a default-damages recommendation, awarding $7,884.80 and permanently barring the defendant from displaying the photograph.
Bill Cannon received $7,884.80 in damages, attorney’s fees, and costs, and a permanent injunction was entered against Historical Design, Inc. concerning display of the photograph.
What happened
In Bill Cannon v. Historical Design, Inc., Bill Cannon sued Historical Design, Inc. for copyright infringement involving a photograph. The defendant did not appear or respond, and the court previously granted Cannon’s request for a default judgment.
A magistrate judge recommended awarding Cannon $5,400 in statutory damages, $2,015 in attorney’s fees, $469.80 in costs, and a permanent order preventing Historical Design from displaying the photograph on its website or through any other medium it controls. Neither party objected to that recommendation.
Judge Jennifer H. Rearden found no clear error and adopted the recommendation in full. She entered judgment for $7,884.80, issued the permanent order, directed Cannon to serve the order on Historical Design by July 27, 2026, and closed the case.
The detailed version
- Cannon v. Design · No. 1:24-cv-07662
- Rearden
- July 20, 2026
Background
Bill Cannon brought a copyright-infringement action under the Copyright Act, 17 U.S.C. §§ 101 et seq., against Historical Design, Inc. The defendant was served on October 25, 2024, but did not appear or respond by the deadline. The Clerk of Court later issued a certificate of default.
Cannon moved for a default judgment. On June 10, 2025, the court granted that motion and referred the case to Magistrate Judge Gabriel W. Gorenstein to determine the appropriate relief. Judge Gorenstein recommended $5,400 in statutory damages, $2,015 in attorney’s fees, $469.80 in costs, and a permanent injunction. A permanent injunction is a court order that prohibits conduct on an ongoing basis. Here, the recommended injunction would prevent Historical Design from displaying the photograph on its website or in any other medium under its control.
Review of the Recommendation
The parties had fourteen days to object to the Report and Recommendation, but neither party filed an objection or requested more time. Because no timely objections were filed, Judge Rearden reviewed the recommendation for clear error rather than conducting a new review of the disputed issues. The court stated that the parties waived further judicial review and, independently reviewing the recommendation, found no clear error.
Ruling
Judge Rearden adopted the Report and Recommendation in its entirety. The court entered judgment for Cannon in the total amount of $7,884.80, consisting of $5,400 in statutory damages, $2,015 in attorney’s fees, and $469.80 in costs. The court also permanently enjoined Historical Design from displaying the photograph on its website or in any other medium under its control.
Cannon was directed to serve the order on Historical Design by July 27, 2026, and file an affidavit confirming service. The Clerk was directed to terminate all pending motions and close the case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.
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